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Monthly Archives: October 2016

New Jersey Transit Approves Funds for Postive Train Control

In the wake of a deadly commuter train crash in a busy Hoboken, New Jersey train station, New Jersey Transit has approved a budget that includes funding for large parts of positive train control (PTC) system, which would include an automatic braking system that could automatically stop a train in an emergency situation.

hoboken

New Jersey Transit approved an agreement for leasing radio frequency spectrum, which is an essential part of a PTC system, to cover northern and eastern areas of the railroad in the state. In April, the transit authority worked out a deal to cover the southern, central and western areas.

NJ Transit has until the end of 2018 to fully implement PTC, per the federal deadline for the installation of PTC on all commuter train systems.

When the commuter train in Hoboken crashed, killing one and leaving 100 injured, the NTSB quickly concluded that an automatic braking system may have prevented the disaster. In that crash in late September 2016, the commuter train was rolling into the Hoboken station at a normal 5 MPH, but suddenly increased speed and crashed into the terminal, spraying debris through the waiting crowds of commuters.

It is not yet known why the train sped up; the engineer has no memory of the crash.

When a train derailed in Philidelphia in May 2015, the NTSB also determined quickly that the derailment would have been prevented by PTC.

Our View

Our railroad accident and railroad derailment lawyers are glad that New Jersey Transit is working on installing PTC on its trains and rail lines. PTC could prevent 52 accidents per year, according to the Federal Railroad Administration. The NTSB also claims that if PTC had been in place, it could have prevented 15 train crashes since 2005 that killed 50 people.

Our personal injury attorneys implore the US and state governments to implement Positive Train Control more quickly. We should be keeping up with countries in Europe and Asia that already have versions of PTC in place.

When train derailments occur, the injuries and deaths are devastating to families. And those derailments can lead to huge personal injury and wrongful death lawsuits that can cost the railroad tens of millions of dollars in a jury verdict. PTC is a smart investment.

 

NTSB Finds That Hoboken Train Speed Tripled Before Wreck

A deadly train crash in New Jersey on Sept. 29 that killed one and injured more than 100 underwent a rapid acceleration just before impact as it entered a busy commuter station in Hoboken NJ, according to the NTSB. 

The NTSP stated that the train was rolling into the station at a normal eight MPH, but for some reason, about 30 seconds before the crash, it sped up to at least 25 MPH.

hoboken

The engineer working the train stated that the brakes were operating normally. The emergency brakes were applied one second before impact.

The NTSB will continue to review the deadly crash and will make safety recommendations to avoid a recurrence. That could take more than a year.

The engineer told investigators that he was not using his cell phone and that the brakes had been checked before the trip. He claims no memory of the crash and remembers waking up on the floor of the cab.

There is speculation that the engineer fell asleep, but the investigation is continuing.

Our View

Our personal injury and railroad accident attorneys hope that this railroad crash in New Jersey will speed the adoption of positive train control or PTC throughout the commuter rail industry. The technology exists now to automatically slow trains that do not stop as they should, or are running well beyond speed limits for given area, but there continues to be delays in implementing this system throughout the country.

With PTC on line, this would prevent many train accidents from occurring, as well as serioius injuries and loss of life that leads to expensive lawsuits. 

 

 

 

New York Work Train Sideswipes Passenger Train, Injuring 29

A long Island Railroad work train sideswiped a New York passenger train on the evening of Oct. 8, injuring 30. 

While there were no life threatening injuries reported, Nassau County Executive Ed Mangano did stated that some of the injuries included broken bones and concussions.

Federal-Employee-Liability

The passenger train involved in the railroad crash was the train that leaves at 8:22 from Penn Station in New York. The rail accident happened after 9 PM. The crash caused the first three cars of the passenger train to derail.

Mangano said the crash happened near a switch, but is was unclear if a switch malfunction led to the crash and derailment.

Our View

Our railroad injury personal injury attorneys based in Virginia are relieved that there were apparently no life threatening injuries in this train crash. However, there were serious personal  injuries reported and we hope all of the injured passengers recover.

As personal injury lawyers who have won record-setting verdicts in train derailment cases, there are far too many train accidents across America that occur due to lapses in safety. Earlier this month, a serious commuter train crash occurred at a busy station in New Jersey, killing one and injuring more than 100.

Human errors usually have something to do with the cause of serious railroad accidents and train collisions. Nonetheless, the railroads are seeking to downsize train crews on commuter railroad  crews to a single engineer or operator but the leaves no fail safe if that person is distracted, falls asleep, or otherwise fails to act appropriately with regard to safety.
A slightly less effective fail safe is positive train control that will automatically stop a train under certain circumstances but the railroads of course have to delayed implementation and tried to water down implementation to less than 100% of the railroad or commuter lines in the nation. The public need not wonder whether positive train control would have made a difference in many of the major railroad and commuter line accidents and tragedies that happened in the last several years.

In both of the train crashes, it appears that safety issues led to serious accidents.  One important safety feature that could prevent some collisions and derailments is Postive Train Control or PTC. This system is based on GPS technology and would automatically stop a train if a collision were imminent. Railroads lobbied Congress to push back the date to install PTC on all commuter trains until 2018. That’s too bad, because it is possible that these two serious train crashes may have been avoided with better safety techology in place.

 

 

 

 

NJ Train Engineer Has No Memory of the Crash That Killed 1

The engineer who was running the train in Hoboken NJ that smashed into a busy commuter rail terminal, which killed a woman and injured more than 100, told federal investigators this week that he was only going 10 MPH as he approached the station, but has no memory of the crash. 

The statement from the train engineer, Thomas Gallagher, came as federal investigators discovered that a data recorder on the train that was supposed to record speed and braking data did not work. Investigators say there is a second data recorder but it is under a collapsed part of the station’s roof and they cannot get to it.

trestle

Federal rules require that commuter trains have a functioning recorder in the lead car, and the boxes also are supposed to be inspected each year.

Gallagher stated that he was fully rested and the train was functioning normally last Thursday morning before it crashed. The crash took the life of Fabiola Bittar de Kroon, 34, who was standing on the train platform.

The investigation will continue in the coming weeks, and investigators hope they can get to the second data recorder soon.

Months before this deadly New Jersey train crash, federal rail authorities have found dozens of safety violations in safety audits that focused on NJ Transit’s safety and operations.

Our View

From what the engineer is telling investigators, it is possible that he had some type of medical emergency during the crash. Hopefully this will become clearer in the coming weeks.

If he did have a medical emergency in this tragic train crash with death and personal injury, this points to the need more than ever of Positive Train Control (PTC) on all passenger trains as soon as possible. This is a GPS-based safety system that can prevent over speed derailments and train to train collisions.

PTC could prevent many terrible train crashes and derailments, such as this case with serious personal injury in Virginia that we won a verdict for $60 million.

But there’s also another possible simple explanation of the engineer falling asleep and having no recollection of the circumstances. Many safety experts have called for no less than two operators or engineers of not only commuter railroad trains, but on freight trains and passenger trains.

 

 

US Railroad Workers Testing Positive for Drugs Skyrockets

In early 2016, a railroad worker who had just been briefed on an upcoming assignment was found dead in a restroom, having overdosed on illegal prescription drugs. In the following months, tests that were done after three railroad accidents found that six employees on the trains tested positive for drugs. 

In a report done by the Washington Post, testing in 2016 has shown that almost 8% of workers involved in railroad crashes were positive for various illegal and prescription drugs, including marijuana, cocaine, ecstasy, benzodiazepine, OxyContin and morphine.

rail

The number of post-crash drug positives was the highest since the Federal Railroad Administration (FRA) started to keep records in 1987. Overall, the number of railroad workers who tested positive for drug use went up 43% in the last year. The number increased to 256 last year from 2014.

After rail crashes in 2014, no workers tested positive for drugs, and only two people did last year. With three months left in 2016, 16 railroad workers have tested positive in tests after railroad accidents.

Railroads transported 565 million passengers and 14.2 million carloads of freight in the last year. Train workers are some of the most heavily drug tested in the US. They are drug screened before they are hired, and they are tested randomly on the job each year.

Still, the report shows that there is strong evidence that illegal drug use is on the rise in the railroad industry. That is why in September 2016, the heads of all major railroads in the US were called to Washington to talk in a closed door meeting about the rise in drug use among rail workers and what to do about it. Officials from the FRA, National Transportation Safety Board and the Office of National Drug Control Policy detailed their concerns about the drug problem and asked the railroads to help them deal with it.

One thing that is being changed is that currently, railroad drug testing is limited to 120,000 workers whose jobs are ‘safety sensitive,’ or where lives are put at risk in the performance of their work. Train and track repair workers do not have to undergo drug testing. Federal officials want this to change. They want railroads to start testing these workers as well by April 1, 2017, but so far, industry is resisting a deadline that soon; they have asked for a delay in the additional testing for another 14 months.

Our View

Railroad accidents, railroad crossing crashes and train derailments are too common in America. As railroad accident attorneys who handle serious personal injury and wrongful death cases, we hope that railroads across the US will start to do more stringent testing of all railroad workers for drugs.

After all, when a serious train accident occurs, massive injuries can occur, such as in this $60 million verdict our Virginia railroad accident lawyers handled when a train derailed in Manassas VA. If drug testing could reduce the likelihood of this type of train accident, we are all for it.

 

 

 

 

 

Flashing Lights Never Installed At PA at Deadly RR Crossing

A Halifax PA railroad crossing where a woman was killed in a train accident on Labor Day is only marked by faded crossbuck signs. 

The community is asking if there should have been flashing lights and additional warnings installed at the deadly railroad crossing.

rail

The woman, Trisha Hoffman, 29, died instantly on Sept. 5 when her car was hit near Route 147.

Back in 1978, engineers testified about the proposed railroad crossing and said that the crossing should have flashing lights and other safety measures. Also, in the 1980s, a civil engineer with the railroad company recommended flashing lights at the crossing to counteract a wooded area that blocked the drivers’ view of approaching trains.

However, the PA government rejected the $60,000 flashing lights as too expensive. Instead, the government was supposed to clear the trees and brush 1000 feet north and south of the crossing.

The trees and brush were cleared but they grew back in the 1980s. Now the trees and brush hug the tracks and severely limit driver visibility.

Our View

Our railroad crossing accident attorneys in Virginia see too many railroad crossing accidents that end in death or serious personal injury. One of the most common reasons for deadly railroad crossing accidents is that the crossing is not maintained properly.

It is very important for proper sight lines to be maintained so that drivers can see approaching trains. This PA railroad crossing sounds as if there is far too much brush and trees hugging the tracks and this reduce visibility to the point that the woman could not see the train barreling towards her.

The article does not mention the railroad that uses that track, but it is the railroad’s responsibility in most cases to keep the brush and trees clear of the tracks. The woman’s loved ones should consult with a personal injury attorney experienced in railroad accident wrongful death cases.This woman had a long life in front of her, and her family should receive compensation for their pain and suffering and also for decades of lost wages that she would have earned if she had lived a normal life span.